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What rights do I have when a debt collector or creditor is trying to collect money from me?

Your rights are protected under the Fair Debt Collection Practices Act. Review these frequently asked questions for an overview of what a debt collection agency or creditor legally can, or can not do, in their efforts to collect money from you. Please contact our firms through the online form or by phone, for help if you think your rights have been violated.

Can I stop a debt collector from contacting me?

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again, except to tell you there will be no further contact, or to notify you that the debt collector, or the creditor intends to take some specific action. Sending a letter to a debt collector that you actually owe money to will not get rid of this debt, however. You could still be sued by the creditor or collection agency.

May a debt collector contact anyone else about my debt?

The debt collector must contact your attorney, if you have one, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Also, collectors are only allowed to contact a third party once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money. However, a debt collector may not disclose to anyone other than you or your spouse, anything about the alleged debt.

May a debt collector contact me at work?

Initially, yes, but if you tell them (orally or in writing) that you are not allowed to get calls at work, they may NOT call you back at work.

Can I dispute a debt at anytime?

Yes, you can dispute any aspect of the alleged debt, orally or in writing and at any time. Also, if you do dispute the debt and the collector reports to credit reporting agencies, they must list the debt as "disputed" on your credit reports.

If I Believe A Debt Collector Has Violated The Law, What Can I Do?

You have the right to sue in a state or federal court within one year from the date the law was violated. You may recover money for the damages you suffered including emotional stress. Also you can sue for statutory damages up to $1000 if you prove a violation under the law. Finally, court costs and attorney's fees can be recovered. A group of people also may sue a debt collector and recover money for damages.

Is there specific information the debt collector must tell me about the debt?

The collector must send you a written notice telling you the amount of money you owe within five days after you are first contacted. This information must include the name of the creditor to whom you owe the money, and how to proceed if you believe you do not owe the money.

Can a debt collector continue to contact me if I believe I do NOT owe money?

A collector may NOT contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent actual proof of the debt, such as a copy of a bill for the amount you owe.

What types of debt collection practices are not allowed?

HARASSMENT

Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, debt collectors may not: use threats of violence or harm;

• Publish a list of consumers who refuse to pay their debts (except to a credit bureau);
• Use obscene or profane language;
• Repeatedly use the telephone to annoy someone;
• Call before 8AM or after 9PM

FALSE STATEMENTS

Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

• Tell you that they are attorneys or government representatives, when in fact, they are not;
• Falsely imply that you have committed a crime;
• Misrepresent that they operate or work for a credit bureau;
• Misrepresent the amount of your debt;
• Indicate that papers being sent to you are not legal forms when they in fact, are;
• State that you will be arrested if you do not pay your debt;
• Threaten to seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is a legal action;
• Threaten that actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.

In addition, debt collectors may not:

• Give false credit information about you to anyone, including a credit bureau.
• Send you anything that looks like an official document from a court or government agency and is not an official document.
• Use a false name in their attempts to collect your debt.

UNFAIR PRACTICES

Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

• Collect an amount that is greater than your debt, unless your state law permits such a charge;
• Deposit a post-dated check early or use deception to make you accept collect calls or pay for telegrams;
• Take, or threaten to take your property unless this can be done legally, or contact you by postcard.

If I Believe A Debt Collector Has Violated The Law, What Can I Do?

You have the right to sue in a state or federal court within one year from the date the law was violated. You may recover money for the damages you suffered. In addition, court costs and attorney's fees CAN be recovered. A group of people also may sue a debt collector and recover money for damages. If you feel you have a legitimate case against a creditor or debt collector CLICK HERE to submit your information online. We will review your case and contact you either via e-mail or phone.  

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